The appeal is dismissed.

The grounds of appeal are examined.

The court of final appeal is a subsequent trial on the decision of the appellate court, which is not subject to a trial in the appellate court, and therefore, it shall not be deemed as a ground of final appeal on any grounds other than those alleged by the defendant as a ground of final appeal in the appellate court or those subject to a trial ex officio.

(see, e.g., Supreme Court Decision 2007Do1604, Sept. 6, 2007). According to the records, the Defendant appealed against the judgment of the first instance and asserted only unfair sentencing as the grounds for appeal.

Therefore, the ground of appeal to the effect that the court below erred by misapprehending the legal principles as to joint principal offenders, by violating the principle of prohibition of double punishment, by misunderstanding the legal principles as to aggravation of concurrent principal offenders, by misunderstanding the legal principles as to interpretation and application of Articles 37, 38, and 39(1) of the Criminal Act, etc., is not a matter that the court below did not assert as the grounds of appeal in the court below, and is not a matter that the court below

Furthermore, even if ex officio review the judgment of the court of first instance on the above grounds, there is no error of law as alleged in the above grounds of appeal.

In addition, examining the grounds of appeal on the grounds of appeal on the basis of the principle of balanced criminal punishment and the principle of accountability in light of the reasoning of the lower judgment, the above grounds of appeal can be deemed to have practically disputing the sentencing of the lower court

However, under Article 383 subparagraph 4 of the Criminal Procedure Act, only in cases where death penalty, life imprisonment, or imprisonment or imprisonment without prison labor for not less than ten years has been imposed, an appeal on the grounds of unfair sentencing is allowed. Thus, in this case where a more minor sentence has been imposed on the defendant, the above assertion to the effect that the sentencing of

Therefore, the appeal is dismissed. It is so decided as per Disposition by the assent of all participating Justices.